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Is this stealing? (Torrents Downloads)

M. Malone

M. Malone

macrumors 6502a
Original poster
Mar 11, 2004
677
2
So,

I purchased Command and Conquer 3 on Windows when it was released, I think a little under 2 years ago.

I only played one mission and decided Windows gaming sucks, I had a PC that I abandoned and hated to use, I thought I could force myself to use it when I play C&C3 (my favorite PC game of all time)

Ok, so then the Mac version is released, I thought why should I go and pay for that too. So I went to to a torrents site and downloaded a CD image of the game, I burned it on DVD, and installed it using the same serial I have for my windows copy, and it worked!!

So I threw away the windows copy and am now using it on my mac, I used the same license I bought for windows on my mac.

What do you all think, is this considered stealing or just a "license transfer".
 
If you are using the same key, I do not see a problem with it at all.

I treat them as I treat burned copies of Windows, it is the key, not the physical media, that decides whether the copy is legal or illegal.

Hell, Microsoft I think is even selling downloadable versions of Office at my school.
 
I dont think it is....

if you buy a new computer then you reinstall your games onto it using the same serial... i dont see how this is any different. users of adobe products can switch their lisences from pc to os x for free i think, so i wouldnt say you've done anything wrong. just dont advertise the fact you've done it too much... in case some people do have a problem with it.
 
Using a torrent means that you also shared the copy with other people, which could be shady. If you REALLY want to be sure, contact the company. It seems fair, but laws don't always match up with common sense.
 
It depends on whether or not another company did the Mac port or not. Given that the same key worked, I'd say it was EA that did the port. Still though, this is shady ground. You bought a license for the Windows version. That does not automatically entitle you to transfer your license to the Mac even if it is possible. Read your EULA, it will say there.
 
Legally I believe its stealing, common sense says you already bought the product once and shouldn't have to buy it again just because you switch computers.
 
Common sense tells me it's totally ok if it's the same key, but as other posters said, laws can be anal and illogical. So, the "license transfer" could be illegal if an official document from the company states so.
 
I think there is an argument to be had for saying that you are legit. What you bought before is the right to use the software and were issued a key from the company. The fact that you are no longer using the computer that you had at the time seems irrelevant.

What if you used the same argument with music, a different type of media?
What if you downloaded 1 song a year ago then you computer crashed? Are you wrong for using a backup copy on your new computer? I don't think so...I know that with iTunes and probably other music sites it is stated that you are within your rights to do this.

What really is the difference though? It is just a different type of media. You have bought the rights to use it. This doesn't make it legal or illegal. It is just seems like a commonsense approach to me.
 
This isn't the same as format shifting (which is okay IMO, but my opinion isn't law) as another development team had to port the game.

The way I see it is if another party was brought in to transfer the game then you're cheating them out of their money. If it's a straight up Cider port by the same publishers or developers then maybe, in a way, it's okay.

But at the end of the day when you buy a game you buy a license to run that specific software and media combination in the environment either the manufacturer (in the case of backwards compatability on game consoles) or the developer/publisher allow. You don't own the game at all unless you bought the IP.
 
I think it is...It's the same game, but not the same platform, so I think it would qualify as stealing...My 2 cents of course...
 
Well, companies always tell us that we're purchasing the 'right' to use the game/cd/dvd/song, rather than the physical media it's distributed on. So to claim it's illegal to download the game would be to switch their argument around.

However, when you download a torrent you're also uploading the file, so you've been providing free copies of it to others. That's the part that's against the law.
 
SpookTheHamster said:
Well, companies always tell us that we're purchasing the 'right' to use the game/cd/dvd/song, rather than the physical media it's distributed on. So to claim it's illegal to download the game would be to switch their argument around.

However, when you download a torrent you're also uploading the file, so you've been providing free copies of it to others. That's the part that's against the law.
Click to expand...

But he only provided a small piece of the file - gibberish by itself.

It would be like the New York Times being accused of aiding a kidnapping when the real culprit cut out letters from the NYT to assemble the ransom note.

It's very tricky. And for all intents and purposes it is not stealing. If you walked into a police station and told them you downloaded a game - they wouldn't do anything. It's up to the content manufactures to sue you. Just like that woman sued McD's for hot coffee.
 
JCastro said:
What if you used the same argument with music, a different type of media?
Click to expand...

I think it all depends on which physical or non-physical media is involved here. If I go out and buy an album on vinyl, I am still not allowed to steal the CD at the local record store later just because my record player broke.

Downloading the tracks from BitTorrent because my vinyl/CD is scratched beyond playability or I don't got a working player anymore... I think it's a gray area here. You didn't remove any physical media from the record shop's shelve, and the voice of reason inside my head says that you already paid for your licence to listen to the music anyway, but still...
 
Check the terms of the original software license.........

My guess is that what you did would be a breach of the software license, but it depends upon how the license is drafted. If you posted the program for access by others via torrent, you are engaging in copyright infringement, notwithstanding the terms of the license. To wit, you are aiding and abetting the theft of software you originally purchased. Have fun:p
 
7on said:
But he only provided a small piece of the file - gibberish by itself.

It would be like the New York Times being accused of aiding a kidnapping when the real culprit cut out letters from the NYT to assemble the ransom note.

It's very tricky. And for all intents and purposes it is not stealing. If you walked into a police station and told them you downloaded a game - they wouldn't do anything. It's up to the content manufactures to sue you. Just like that woman sued McD's for hot coffee.
Click to expand...

That's an extremely different scenario. With torrents, everyone is still an accessory to the piracy. It's not theft. Theft deprives the owner, piracy creates a copy.

It is against the law, but that doesn't mean the police would get involved without anybody pressing charges. The police wouldn't do anything to me if I went in saying I'd smashed some of your garden pots, but if you decided to press charges they might.
 
To follow the law to the letter you would have to pay again for any time you switched format (eg, Vinyl to CD, PC to Mac). However there is one key distinction as to whether it is 'socially acceptable' to download the Mac version of a game having previously owned the PC version (as mentioned above by a couple of ppl):

If the same company is putting out the PC and Mac versions then I would consider it socially acceptable to download if I'd paid for a copy of a game on the other platform (eg, EA's Cider Ports).

However, there are couple of companies which buy the rights to a game from the likes of EA then port them to the Mac (costing time and money), such as Aspyr and Feral. These companies don't get a penny from the PC versions, and they've had to spend a great deal of money aquiring the rights to port the game to the Mac platform. In this case, I would say that it's socially unacceptable to download the Mac version because you're depriving a company of revenue who hasn't received any from the game at all (unlike an EA-released game which received money when you bought the PC version).

Ultimately it's up to your conscience, but there is a key distinction between some Mac ports which you should consider.
 
Well if the legit serial number you paid for works, then no I'd say your not stealing. But personally I would have hung onto my retail copy of the game as well, just so you have backup on the fact that you paid for a legit copy.
 
The very fact that your asking, you already know its stealing no matter how you try to justify it.....or others...Read the licensing agreement...:cool:
 
Doesn't sound like it. You're using one copy of the game and pitched your other one, so it seems legit to me.
 
Delta608 said:
The very fact that your asking, you already know its stealing no matter how you try to justify it.....or others...Read the licensing agreement...:cool:
Click to expand...

I never justified anything :)

I was asking for opinions. But for myself, I'm 100% convinced this is totally ok.
 
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